Federal Court of Appeal Decisions

Date: 20060721

Docket: A-117-05

Citation: 2006 FCA 263

Between:

COLUMBIA PICTURES INDUSTRIES, INC., DISNEY ENTERPRISES, INC.,

METRO-GOLDWYN-MAYER STUDIOS, INC., PARAMOUNT PICTURES CORPORATION, TRISTAR PICTURES, INC., TWENTIETH CENTURY FOX FILM

CORPORATION, UNITED ARTISTS PICTURES, INC., UNITED ARTISTS

CORPORATION, UNIVERSAL CITY STUDIOS, INC., WARNER BROS., a division of

TIME WARNER ENTERTAINMENT CO., L.P.

Appellants

AND

SERGE GAUDREAULT

Respondent

ASSESSMENT OF COSTS – REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]               This is the assessment of costs following a judgement obtained by the respondent on January 25, 2006. This assessment proceeded without the personal appearance of the parties.

[2]               On the basis of the written submissions on the record, fees are assessed at $1,777.62 ($1,560 X QST/GST) for the services rendered under the following items of Tariff B: 19 (6 units), 22 (3 units) and 25 (1 unit). No compensation is allowed under item 21, because the order dated June 14, 2005 does not mention anything about the costs of the motion to stay execution.

[3]               Except for disbursements in connection with the motion to stay, all disbursements incurred are allowed for an amount of $986.05. Counsel for the respondent is entitled to claim his travelling expenses, as these expenses are usually recoverable at the time of the assessment.

[4]               For these reasons, the respondent’s costs are assessed at $2,763.67. A certificate is issued for this amount.

DATED AT MONTRÉAL, THIS 21ST DAY OF JULY 2006

Certified true translation

Michael Palles

                                                  FEDERAL COURT OF APPEAL

                                                      SOLICITORS OF RECORD

DOCKET:                                          A-117-05

Between:

COLUMBIA PICTURES INDUSTRIES, INC., DISNEY ENTERPRISES, INC.,

METRO-GOLDWYN-MAYER STUDIOS, INC., PARAMOUNT PICTURES CORPORATION, TRISTAR PICTURES, INC., TWENTIETH CENTURY FOX FILM

CORPORATION, UNITED ARTISTS PICTURES, INC., UNITED ARTISTS

CORPORATION, UNIVERSAL CITY STUDIOS, INC., WARNER BROS., a division of

TIME WARNER ENTERTAINMENT CO., L.P.

Appellants

AND

SERGE GAUDREAULT

Respondent

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS BY MICHELLE LAMY, ASSESSMENT OFFICER

DATED:                                 JULY 21, 2006

SOLICITORS OF RECORD:

Kestenberg Siegal Lipkus

Toronto, Ontario                                                                      for the appellant

Jutras et Associés

Drummondville, Quebec                                                           for the respondent